Bill Text: IL HB4574 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends the Unified Code of Corrections. Provides that if the defendant committed an offense in or on the grounds of a hospital, ambulatory surgical treatment center, physician's office, or other medical facility that treats patients and the offense was a crime of violence committed against a licensed health care professional or an employee of a hospital, ambulatory surgical treatment center, physician's office, or other medical facility that treats patients, this factor shall be accorded weight in favor of imposing a term of imprisonment or may be considered by the court as a reason to impose a more severe sentence.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-01-31 - Referred to Rules Committee [HB4574 Detail]
Download: Illinois-2023-HB4574-Introduced.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Unified Code of Corrections is amended by | |||||||||||||||||||
5 | changing Section 5-5-3.2 as follows:
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6 | (730 ILCS 5/5-5-3.2) | |||||||||||||||||||
7 | Sec. 5-5-3.2. Factors in aggravation and extended-term | |||||||||||||||||||
8 | sentencing. | |||||||||||||||||||
9 | (a) The following factors shall be accorded weight in | |||||||||||||||||||
10 | favor of imposing a term of imprisonment or may be considered | |||||||||||||||||||
11 | by the court as reasons to impose a more severe sentence under | |||||||||||||||||||
12 | Section 5-8-1 or Article 4.5 of Chapter V: | |||||||||||||||||||
13 | (1) the defendant's conduct caused or threatened | |||||||||||||||||||
14 | serious harm; | |||||||||||||||||||
15 | (2) the defendant received compensation for committing | |||||||||||||||||||
16 | the offense; | |||||||||||||||||||
17 | (3) the defendant has a history of prior delinquency | |||||||||||||||||||
18 | or criminal activity; | |||||||||||||||||||
19 | (4) the defendant, by the duties of his office or by | |||||||||||||||||||
20 | his position, was obliged to prevent the particular | |||||||||||||||||||
21 | offense committed or to bring the offenders committing it | |||||||||||||||||||
22 | to justice; | |||||||||||||||||||
23 | (5) the defendant held public office at the time of |
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1 | the offense, and the offense related to the conduct of | ||||||
2 | that office; | ||||||
3 | (6) the defendant utilized his professional reputation | ||||||
4 | or position in the community to commit the offense, or to | ||||||
5 | afford him an easier means of committing it; | ||||||
6 | (7) the sentence is necessary to deter others from | ||||||
7 | committing the same crime; | ||||||
8 | (8) the defendant committed the offense against a | ||||||
9 | person 60 years of age or older or such person's property; | ||||||
10 | (9) the defendant committed the offense against a | ||||||
11 | person who has a physical disability or such person's | ||||||
12 | property; | ||||||
13 | (10) by reason of another individual's actual or | ||||||
14 | perceived race, color, creed, religion, ancestry, gender, | ||||||
15 | sexual orientation, physical or mental disability, or | ||||||
16 | national origin, the defendant committed the offense | ||||||
17 | against (i) the person or property of that individual; | ||||||
18 | (ii) the person or property of a person who has an | ||||||
19 | association with, is married to, or has a friendship with | ||||||
20 | the other individual; or (iii) the person or property of a | ||||||
21 | relative (by blood or marriage) of a person described in | ||||||
22 | clause (i) or (ii). For the purposes of this Section, | ||||||
23 | "sexual orientation" has the meaning ascribed to it in | ||||||
24 | paragraph (O-1) of Section 1-103 of the Illinois Human | ||||||
25 | Rights Act; | ||||||
26 | (11) the offense took place in a place of worship or on |
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1 | the grounds of a place of worship, immediately prior to, | ||||||
2 | during or immediately following worship services. For | ||||||
3 | purposes of this subparagraph, "place of worship" shall | ||||||
4 | mean any church, synagogue or other building, structure or | ||||||
5 | place used primarily for religious worship; | ||||||
6 | (12) the defendant was convicted of a felony committed | ||||||
7 | while he was on pretrial release or his own recognizance | ||||||
8 | pending trial for a prior felony and was convicted of such | ||||||
9 | prior felony, or the defendant was convicted of a felony | ||||||
10 | committed while he was serving a period of probation, | ||||||
11 | conditional discharge, or mandatory supervised release | ||||||
12 | under subsection (d) of Section 5-8-1 for a prior felony; | ||||||
13 | (13) the defendant committed or attempted to commit a | ||||||
14 | felony while he was wearing a bulletproof vest. For the | ||||||
15 | purposes of this paragraph (13), a bulletproof vest is any | ||||||
16 | device which is designed for the purpose of protecting the | ||||||
17 | wearer from bullets, shot or other lethal projectiles; | ||||||
18 | (14) the defendant held a position of trust or | ||||||
19 | supervision such as, but not limited to, family member as | ||||||
20 | defined in Section 11-0.1 of the Criminal Code of 2012, | ||||||
21 | teacher, scout leader, baby sitter, or day care worker, in | ||||||
22 | relation to a victim under 18 years of age, and the | ||||||
23 | defendant committed an offense in violation of Section | ||||||
24 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, | ||||||
25 | 11-14.4 except for an offense that involves keeping a | ||||||
26 | place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2, |
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1 | 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 | ||||||
2 | or 12-16 of the Criminal Code of 1961 or the Criminal Code | ||||||
3 | of 2012 against that victim; | ||||||
4 | (15) the defendant committed an offense related to the | ||||||
5 | activities of an organized gang. For the purposes of this | ||||||
6 | factor, "organized gang" has the meaning ascribed to it in | ||||||
7 | Section 10 of the Streetgang Terrorism Omnibus Prevention | ||||||
8 | Act; | ||||||
9 | (16) the defendant committed an offense in violation | ||||||
10 | of one of the following Sections while in a school, | ||||||
11 | regardless of the time of day or time of year; on any | ||||||
12 | conveyance owned, leased, or contracted by a school to | ||||||
13 | transport students to or from school or a school related | ||||||
14 | activity; on the real property of a school; or on a public | ||||||
15 | way within 1,000 feet of the real property comprising any | ||||||
16 | school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, | ||||||
17 | 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, | ||||||
18 | 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, | ||||||
19 | 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, | ||||||
20 | 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except | ||||||
21 | for subdivision (a)(4) or (g)(1), of the Criminal Code of | ||||||
22 | 1961 or the Criminal Code of 2012; | ||||||
23 | (16.5) the defendant committed an offense in violation | ||||||
24 | of one of the following Sections while in a day care | ||||||
25 | center, regardless of the time of day or time of year; on | ||||||
26 | the real property of a day care center, regardless of the |
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1 | time of day or time of year; or on a public way within | ||||||
2 | 1,000 feet of the real property comprising any day care | ||||||
3 | center, regardless of the time of day or time of year: | ||||||
4 | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | ||||||
5 | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, | ||||||
6 | 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
7 | 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, | ||||||
8 | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | ||||||
9 | (a)(4) or (g)(1), of the Criminal Code of 1961 or the | ||||||
10 | Criminal Code of 2012; | ||||||
11 | (17) the defendant committed the offense by reason of | ||||||
12 | any person's activity as a community policing volunteer or | ||||||
13 | to prevent any person from engaging in activity as a | ||||||
14 | community policing volunteer. For the purpose of this | ||||||
15 | Section, "community policing volunteer" has the meaning | ||||||
16 | ascribed to it in Section 2-3.5 of the Criminal Code of | ||||||
17 | 2012; | ||||||
18 | (18) the defendant committed the offense in a nursing | ||||||
19 | home or on the real property comprising a nursing home. | ||||||
20 | For the purposes of this paragraph (18), "nursing home" | ||||||
21 | means a skilled nursing or intermediate long term care | ||||||
22 | facility that is subject to license by the Illinois | ||||||
23 | Department of Public Health under the Nursing Home Care | ||||||
24 | Act, the Specialized Mental Health Rehabilitation Act of | ||||||
25 | 2013, the ID/DD Community Care Act, or the MC/DD Act; | ||||||
26 | (19) the defendant was a federally licensed firearm |
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1 | dealer and was previously convicted of a violation of | ||||||
2 | subsection (a) of Section 3 of the Firearm Owners | ||||||
3 | Identification Card Act and has now committed either a | ||||||
4 | felony violation of the Firearm Owners Identification Card | ||||||
5 | Act or an act of armed violence while armed with a firearm; | ||||||
6 | (20) the defendant (i) committed the offense of | ||||||
7 | reckless homicide under Section 9-3 of the Criminal Code | ||||||
8 | of 1961 or the Criminal Code of 2012 or the offense of | ||||||
9 | driving under the influence of alcohol, other drug or | ||||||
10 | drugs, intoxicating compound or compounds or any | ||||||
11 | combination thereof under Section 11-501 of the Illinois | ||||||
12 | Vehicle Code or a similar provision of a local ordinance | ||||||
13 | and (ii) was operating a motor vehicle in excess of 20 | ||||||
14 | miles per hour over the posted speed limit as provided in | ||||||
15 | Article VI of Chapter 11 of the Illinois Vehicle Code; | ||||||
16 | (21) the defendant (i) committed the offense of | ||||||
17 | reckless driving or aggravated reckless driving under | ||||||
18 | Section 11-503 of the Illinois Vehicle Code and (ii) was | ||||||
19 | operating a motor vehicle in excess of 20 miles per hour | ||||||
20 | over the posted speed limit as provided in Article VI of | ||||||
21 | Chapter 11 of the Illinois Vehicle Code; | ||||||
22 | (22) the defendant committed the offense against a | ||||||
23 | person that the defendant knew, or reasonably should have | ||||||
24 | known, was a member of the Armed Forces of the United | ||||||
25 | States serving on active duty. For purposes of this clause | ||||||
26 | (22), the term "Armed Forces" means any of the Armed |
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1 | Forces of the United States, including a member of any | ||||||
2 | reserve component thereof or National Guard unit called to | ||||||
3 | active duty; | ||||||
4 | (23) the defendant committed the offense against a | ||||||
5 | person who was elderly or infirm or who was a person with a | ||||||
6 | disability by taking advantage of a family or fiduciary | ||||||
7 | relationship with the elderly or infirm person or person | ||||||
8 | with a disability; | ||||||
9 | (24) the defendant committed any offense under Section | ||||||
10 | 11-20.1 of the Criminal Code of 1961 or the Criminal Code | ||||||
11 | of 2012 and possessed 100 or more images; | ||||||
12 | (25) the defendant committed the offense while the | ||||||
13 | defendant or the victim was in a train, bus, or other | ||||||
14 | vehicle used for public transportation; | ||||||
15 | (26) the defendant committed the offense of child | ||||||
16 | pornography or aggravated child pornography, specifically | ||||||
17 | including paragraph (1), (2), (3), (4), (5), or (7) of | ||||||
18 | subsection (a) of Section 11-20.1 of the Criminal Code of | ||||||
19 | 1961 or the Criminal Code of 2012 where a child engaged in, | ||||||
20 | solicited for, depicted in, or posed in any act of sexual | ||||||
21 | penetration or bound, fettered, or subject to sadistic, | ||||||
22 | masochistic, or sadomasochistic abuse in a sexual context | ||||||
23 | and specifically including paragraph (1), (2), (3), (4), | ||||||
24 | (5), or (7) of subsection (a) of Section 11-20.1B or | ||||||
25 | Section 11-20.3 of the Criminal Code of 1961 where a child | ||||||
26 | engaged in, solicited for, depicted in, or posed in any |
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1 | act of sexual penetration or bound, fettered, or subject | ||||||
2 | to sadistic, masochistic, or sadomasochistic abuse in a | ||||||
3 | sexual context; | ||||||
4 | (27) the defendant committed the offense of first | ||||||
5 | degree murder, assault, aggravated assault, battery, | ||||||
6 | aggravated battery, robbery, armed robbery, or aggravated | ||||||
7 | robbery against a person who was a veteran and the | ||||||
8 | defendant knew, or reasonably should have known, that the | ||||||
9 | person was a veteran performing duties as a representative | ||||||
10 | of a veterans' organization. For the purposes of this | ||||||
11 | paragraph (27), "veteran" means an Illinois resident who | ||||||
12 | has served as a member of the United States Armed Forces, a | ||||||
13 | member of the Illinois National Guard, or a member of the | ||||||
14 | United States Reserve Forces; and "veterans' organization" | ||||||
15 | means an organization comprised of members of which | ||||||
16 | substantially all are individuals who are veterans or | ||||||
17 | spouses, widows, or widowers of veterans, the primary | ||||||
18 | purpose of which is to promote the welfare of its members | ||||||
19 | and to provide assistance to the general public in such a | ||||||
20 | way as to confer a public benefit; | ||||||
21 | (28) the defendant committed the offense of assault, | ||||||
22 | aggravated assault, battery, aggravated battery, robbery, | ||||||
23 | armed robbery, or aggravated robbery against a person that | ||||||
24 | the defendant knew or reasonably should have known was a | ||||||
25 | letter carrier or postal worker while that person was | ||||||
26 | performing his or her duties delivering mail for the |
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1 | United States Postal Service; | ||||||
2 | (29) the defendant committed the offense of criminal | ||||||
3 | sexual assault, aggravated criminal sexual assault, | ||||||
4 | criminal sexual abuse, or aggravated criminal sexual abuse | ||||||
5 | against a victim with an intellectual disability, and the | ||||||
6 | defendant holds a position of trust, authority, or | ||||||
7 | supervision in relation to the victim; | ||||||
8 | (30) the defendant committed the offense of promoting | ||||||
9 | juvenile prostitution, patronizing a prostitute, or | ||||||
10 | patronizing a minor engaged in prostitution and at the | ||||||
11 | time of the commission of the offense knew that the | ||||||
12 | prostitute or minor engaged in prostitution was in the | ||||||
13 | custody or guardianship of the Department of Children and | ||||||
14 | Family Services; | ||||||
15 | (31) the defendant (i) committed the offense of | ||||||
16 | driving while under the influence of alcohol, other drug | ||||||
17 | or drugs, intoxicating compound or compounds or any | ||||||
18 | combination thereof in violation of Section 11-501 of the | ||||||
19 | Illinois Vehicle Code or a similar provision of a local | ||||||
20 | ordinance and (ii) the defendant during the commission of | ||||||
21 | the offense was driving his or her vehicle upon a roadway | ||||||
22 | designated for one-way traffic in the opposite direction | ||||||
23 | of the direction indicated by official traffic control | ||||||
24 | devices; | ||||||
25 | (32) the defendant committed the offense of reckless | ||||||
26 | homicide while committing a violation of Section 11-907 of |
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1 | the Illinois Vehicle Code; | ||||||
2 | (33) the defendant was found guilty of an | ||||||
3 | administrative infraction related to an act or acts of | ||||||
4 | public indecency or sexual misconduct in the penal | ||||||
5 | institution. In this paragraph (33), "penal institution" | ||||||
6 | has the same meaning as in Section 2-14 of the Criminal | ||||||
7 | Code of 2012; or | ||||||
8 | (34) the defendant committed the offense of leaving | ||||||
9 | the scene of a crash in violation of subsection (b) of | ||||||
10 | Section 11-401 of the Illinois Vehicle Code and the crash | ||||||
11 | resulted in the death of a person and at the time of the | ||||||
12 | offense, the defendant was: (i) driving under the | ||||||
13 | influence of alcohol, other drug or drugs, intoxicating | ||||||
14 | compound or compounds or any combination thereof as | ||||||
15 | defined by Section 11-501 of the Illinois Vehicle Code; or | ||||||
16 | (ii) operating the motor vehicle while using an electronic | ||||||
17 | communication device as defined in Section 12-610.2 of the | ||||||
18 | Illinois Vehicle Code ; or . | ||||||
19 | (35) the defendant committed the offense in or on the | ||||||
20 | grounds of a hospital, ambulatory surgical treatment | ||||||
21 | center, physician's office, or other medical facility that | ||||||
22 | treats patients and the offense was a crime of violence | ||||||
23 | committed against a licensed health care professional or | ||||||
24 | an employee of a hospital, ambulatory surgical treatment | ||||||
25 | center, physician's office, or other medical facility that | ||||||
26 | treats patients. |
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1 | For the purposes of this Section: | ||||||
2 | "Ambulatory surgical treatment center" has the meaning | ||||||
3 | ascribed to it in Section 3 of the Ambulatory Surgical | ||||||
4 | Treatment Center Act. | ||||||
5 | "Crime of violence" has the meaning ascribed to it in | ||||||
6 | Section 2 of the Crime Victims Compensation Act. | ||||||
7 | "School" is defined as a public or private elementary or | ||||||
8 | secondary school, community college, college, or university. | ||||||
9 | "Day care center" means a public or private State | ||||||
10 | certified and licensed day care center as defined in Section | ||||||
11 | 2.09 of the Child Care Act of 1969 that displays a sign in | ||||||
12 | plain view stating that the property is a day care center. | ||||||
13 | "Hospital" has the meaning ascribed to it in Section 3 of | ||||||
14 | the Hospital Licensing Act. | ||||||
15 | "Intellectual disability" means significantly subaverage | ||||||
16 | intellectual functioning which exists concurrently with | ||||||
17 | impairment in adaptive behavior. | ||||||
18 | "Licensed health care professional" means a physician | ||||||
19 | licensed to practice medicine in all its branches, clinical | ||||||
20 | psychologist, a licensed practical nurse, a registered nurse, | ||||||
21 | licensed advanced practice registered nurse, or a licensed | ||||||
22 | physician assistant. | ||||||
23 | "Public transportation" means the transportation or | ||||||
24 | conveyance of persons by means available to the general | ||||||
25 | public, and includes paratransit services. | ||||||
26 | "School" means a public or private elementary or secondary |
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1 | school, community college, college, or university. | ||||||
2 | "Traffic control devices" means all signs, signals, | ||||||
3 | markings, and devices that conform to the Illinois Manual on | ||||||
4 | Uniform Traffic Control Devices, placed or erected by | ||||||
5 | authority of a public body or official having jurisdiction, | ||||||
6 | for the purpose of regulating, warning, or guiding traffic. | ||||||
7 | (b) The following factors, related to all felonies, may be | ||||||
8 | considered by the court as reasons to impose an extended term | ||||||
9 | sentence under Section 5-8-2 upon any offender: | ||||||
10 | (1) When a defendant is convicted of any felony, after | ||||||
11 | having been previously convicted in Illinois or any other | ||||||
12 | jurisdiction of the same or similar class felony or | ||||||
13 | greater class felony, when such conviction has occurred | ||||||
14 | within 10 years after the previous conviction, excluding | ||||||
15 | time spent in custody, and such charges are separately | ||||||
16 | brought and tried and arise out of different series of | ||||||
17 | acts; or | ||||||
18 | (2) When a defendant is convicted of any felony and | ||||||
19 | the court finds that the offense was accompanied by | ||||||
20 | exceptionally brutal or heinous behavior indicative of | ||||||
21 | wanton cruelty; or | ||||||
22 | (3) When a defendant is convicted of any felony | ||||||
23 | committed against: | ||||||
24 | (i) a person under 12 years of age at the time of | ||||||
25 | the offense or such person's property; | ||||||
26 | (ii) a person 60 years of age or older at the time |
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1 | of the offense or such person's property; or | ||||||
2 | (iii) a person who had a physical disability at | ||||||
3 | the time of the offense or such person's property; or | ||||||
4 | (4) When a defendant is convicted of any felony and | ||||||
5 | the offense involved any of the following types of | ||||||
6 | specific misconduct committed as part of a ceremony, rite, | ||||||
7 | initiation, observance, performance, practice or activity | ||||||
8 | of any actual or ostensible religious, fraternal, or | ||||||
9 | social group: | ||||||
10 | (i) the brutalizing or torturing of humans or | ||||||
11 | animals; | ||||||
12 | (ii) the theft of human corpses; | ||||||
13 | (iii) the kidnapping of humans; | ||||||
14 | (iv) the desecration of any cemetery, religious, | ||||||
15 | fraternal, business, governmental, educational, or | ||||||
16 | other building or property; or | ||||||
17 | (v) ritualized abuse of a child; or | ||||||
18 | (5) When a defendant is convicted of a felony other | ||||||
19 | than conspiracy and the court finds that the felony was | ||||||
20 | committed under an agreement with 2 or more other persons | ||||||
21 | to commit that offense and the defendant, with respect to | ||||||
22 | the other individuals, occupied a position of organizer, | ||||||
23 | supervisor, financier, or any other position of management | ||||||
24 | or leadership, and the court further finds that the felony | ||||||
25 | committed was related to or in furtherance of the criminal | ||||||
26 | activities of an organized gang or was motivated by the |
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1 | defendant's leadership in an organized gang; or | ||||||
2 | (6) When a defendant is convicted of an offense | ||||||
3 | committed while using a firearm with a laser sight | ||||||
4 | attached to it. For purposes of this paragraph, "laser | ||||||
5 | sight" has the meaning ascribed to it in Section 26-7 of | ||||||
6 | the Criminal Code of 2012; or | ||||||
7 | (7) When a defendant who was at least 17 years of age | ||||||
8 | at the time of the commission of the offense is convicted | ||||||
9 | of a felony and has been previously adjudicated a | ||||||
10 | delinquent minor under the Juvenile Court Act of 1987 for | ||||||
11 | an act that if committed by an adult would be a Class X or | ||||||
12 | Class 1 felony when the conviction has occurred within 10 | ||||||
13 | years after the previous adjudication, excluding time | ||||||
14 | spent in custody; or | ||||||
15 | (8) When a defendant commits any felony and the | ||||||
16 | defendant used, possessed, exercised control over, or | ||||||
17 | otherwise directed an animal to assault a law enforcement | ||||||
18 | officer engaged in the execution of his or her official | ||||||
19 | duties or in furtherance of the criminal activities of an | ||||||
20 | organized gang in which the defendant is engaged; or | ||||||
21 | (9) When a defendant commits any felony and the | ||||||
22 | defendant knowingly video or audio records the offense | ||||||
23 | with the intent to disseminate the recording. | ||||||
24 | (c) The following factors may be considered by the court | ||||||
25 | as reasons to impose an extended term sentence under Section | ||||||
26 | 5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed |
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1 | offenses: | ||||||
2 | (1) When a defendant is convicted of first degree | ||||||
3 | murder, after having been previously convicted in Illinois | ||||||
4 | of any offense listed under paragraph (c)(2) of Section | ||||||
5 | 5-5-3 (730 ILCS 5/5-5-3), when that conviction has | ||||||
6 | occurred within 10 years after the previous conviction, | ||||||
7 | excluding time spent in custody, and the charges are | ||||||
8 | separately brought and tried and arise out of different | ||||||
9 | series of acts. | ||||||
10 | (1.5) When a defendant is convicted of first degree | ||||||
11 | murder, after having been previously convicted of domestic | ||||||
12 | battery (720 ILCS 5/12-3.2) or aggravated domestic battery | ||||||
13 | (720 ILCS 5/12-3.3) committed on the same victim or after | ||||||
14 | having been previously convicted of violation of an order | ||||||
15 | of protection (720 ILCS 5/12-30) in which the same victim | ||||||
16 | was the protected person. | ||||||
17 | (2) When a defendant is convicted of voluntary | ||||||
18 | manslaughter, second degree murder, involuntary | ||||||
19 | manslaughter, or reckless homicide in which the defendant | ||||||
20 | has been convicted of causing the death of more than one | ||||||
21 | individual. | ||||||
22 | (3) When a defendant is convicted of aggravated | ||||||
23 | criminal sexual assault or criminal sexual assault, when | ||||||
24 | there is a finding that aggravated criminal sexual assault | ||||||
25 | or criminal sexual assault was also committed on the same | ||||||
26 | victim by one or more other individuals, and the defendant |
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1 | voluntarily participated in the crime with the knowledge | ||||||
2 | of the participation of the others in the crime, and the | ||||||
3 | commission of the crime was part of a single course of | ||||||
4 | conduct during which there was no substantial change in | ||||||
5 | the nature of the criminal objective. | ||||||
6 | (4) If the victim was under 18 years of age at the time | ||||||
7 | of the commission of the offense, when a defendant is | ||||||
8 | convicted of aggravated criminal sexual assault or | ||||||
9 | predatory criminal sexual assault of a child under | ||||||
10 | subsection (a)(1) of Section 11-1.40 or subsection (a)(1) | ||||||
11 | of Section 12-14.1 of the Criminal Code of 1961 or the | ||||||
12 | Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). | ||||||
13 | (5) When a defendant is convicted of a felony | ||||||
14 | violation of Section 24-1 of the Criminal Code of 1961 or | ||||||
15 | the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a | ||||||
16 | finding that the defendant is a member of an organized | ||||||
17 | gang. | ||||||
18 | (6) When a defendant was convicted of unlawful use of | ||||||
19 | weapons under Section 24-1 of the Criminal Code of 1961 or | ||||||
20 | the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing | ||||||
21 | a weapon that is not readily distinguishable as one of the | ||||||
22 | weapons enumerated in Section 24-1 of the Criminal Code of | ||||||
23 | 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1). | ||||||
24 | (7) When a defendant is convicted of an offense | ||||||
25 | involving the illegal manufacture of a controlled | ||||||
26 | substance under Section 401 of the Illinois Controlled |
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1 | Substances Act (720 ILCS 570/401), the illegal manufacture | ||||||
2 | of methamphetamine under Section 25 of the Methamphetamine | ||||||
3 | Control and Community Protection Act (720 ILCS 646/25), or | ||||||
4 | the illegal possession of explosives and an emergency | ||||||
5 | response officer in the performance of his or her duties | ||||||
6 | is killed or injured at the scene of the offense while | ||||||
7 | responding to the emergency caused by the commission of | ||||||
8 | the offense. In this paragraph, "emergency" means a | ||||||
9 | situation in which a person's life, health, or safety is | ||||||
10 | in jeopardy; and "emergency response officer" means a | ||||||
11 | peace officer, community policing volunteer, fireman, | ||||||
12 | emergency medical technician-ambulance, emergency medical | ||||||
13 | technician-intermediate, emergency medical | ||||||
14 | technician-paramedic, ambulance driver, other medical | ||||||
15 | assistance or first aid personnel, or hospital emergency | ||||||
16 | room personnel. | ||||||
17 | (8) When the defendant is convicted of attempted mob | ||||||
18 | action, solicitation to commit mob action, or conspiracy | ||||||
19 | to commit mob action under Section 8-1, 8-2, or 8-4 of the | ||||||
20 | Criminal Code of 2012, where the criminal object is a | ||||||
21 | violation of Section 25-1 of the Criminal Code of 2012, | ||||||
22 | and an electronic communication is used in the commission | ||||||
23 | of the offense. For the purposes of this paragraph (8), | ||||||
24 | "electronic communication" shall have the meaning provided | ||||||
25 | in Section 26.5-0.1 of the Criminal Code of 2012. | ||||||
26 | (d) For the purposes of this Section, "organized gang" has |
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